NATIONAL INSURANCE COMPANY LIMITED Vs. VIRENDER SINGH

JUDGEMENT

(1.) This order will dispose of FAO Nos. 1704, 1705 and 6342 of 2011 as these have emerged out of award dtd. 17/11/2010 passed by the Motor Accidents Claims Tribunal, Narnaul (in short "the Tribunal")whereby compensation has been assessed on account of death of Amar Singh and injuries sustained by Virender Singh in a motor vehicular accident that took place on the intervening night of 15/16/12/2007.

(2.) Amar Singh along with his wife Usha and son Virender Singh was going towards Narnaul while driving Maruti Car bearing No. HR 99 A-Temp-2346. At about mid night of 15/16/12/2007 when Maruti Car aforesaid reached in the area of village Sarai Bahadur, one Tata Hyva Dumper came from opposite direction and on seeing the said Dumper, Amar Singh took the car on kacha portion of the road but suddenly got im balanced and rammed into a tree. As a result, the car stood capsized and Amar Singh, Usha and Virender Singh sustained multiple injuries. Amar Singh and Usha died at the spot but Virender Singh fortunately survived.

(3.) Virender Singh filed two claim applications one for grant of compensation in respect of injuries sustained by him and the other in respect of death of his father Amar Singh under Sec. 163-A of the Motor Vehicles Act, 1988 (in short "the Act"). Another claim application was filed by Sushil Kumari wife of Narender Singh son of Amar Singh pressing claim for grant of compensation qua death of Amar Singh. All the three claim applications were decided by the Tribunal vide common award dtd. 17/11/2010 whereby claim preferred by Virender Singh in respect of his injuries and qua death of Amar Singh was allowed but application filed by Sushil Kumari was dismissed as her plea of dependency on Amar Singh was negated.